SEC Info  
    Home      Search      My Interests      Help      Sign In      Please Sign In

Codexis Inc – ‘S-1’ on 12/28/09 – EX-10.8B

On:  Monday, 12/28/09, at 5:00pm ET   ·   Accession #:  1193125-9-260412   ·   File #:  333-164044

Previous ‘S-1’:  ‘S-1/A’ on 8/4/08   ·   Next:  ‘S-1/A’ on 1/14/10   ·   Latest:  ‘S-1/A’ on 4/16/10   ·   4 References:   

Find Words in Filings emoji
 
  in    Show  and   Hints

  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

12/28/09  Codexis Inc                       S-1                   37:5.9M                                   RR Donnelley/FA

Registration Statement (General Form)   —   Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1         Registration Statement (General Form)               HTML   1.99M 
 2: EX-3.1      Seventh Amended and Restated Certificate of         HTML    118K 
                          Incorporation                                          
 3: EX-3.3      Amended and Restated Bylaws of the Registrant, as   HTML    148K 
                          Currently in Effect                                    
 4: EX-4.2      Fifth Amended and Restated Investor Rights          HTML    210K 
                          Agreement                                              
 5: EX-4.3      Form of Warrant to Purchase Shares of Common Stock  HTML     49K 
 6: EX-4.4      Warrant to Purchase Shares of Common Stock          HTML     62K 
 7: EX-4.5      Form of Warrant to Purchase Shares of Series D      HTML     54K 
                          Preferred Stock - as of 5/25/2006                      
 8: EX-4.6      Form of Warrant to Purchase Shares of Series D      HTML     67K 
                          Preferred Stock - as of 9/28/2007                      
 9: EX-4.7      Warrant to Purchase Shares of Common Stock Issued   HTML     80K 
                          to Alexandria Equities, LLC                            
10: EX-4.8      Registration Rights Agreement                       HTML     73K 
25: EX-10.10    2002 Stock Plan, as Amended, and Form of Stock      HTML    220K 
                          Option Agreement                                       
26: EX-10.12A   Offer Letter - Alan Shaw                            HTML     25K 
27: EX-10.12B   Change in Control Agreement - Alan Shaw             HTML    103K 
28: EX-10.13A   Offer Letter Agreement - Robert S. Beuil            HTML     27K 
29: EX-10.13B   Change in Control Agreement - Robert S. Breuil      HTML     45K 
30: EX-10.13C   Separation Agreement - Robert S. Breuil             HTML     62K 
31: EX-10.14A   Offer Letter Agreement - Douglas T. Sheehy          HTML     33K 
32: EX-10.14B   Chang in Control Agreement - Douglas T. Sheehy      HTML    103K 
33: EX-10.15    Offer Letter Agreement - David L. Anton             HTML     27K 
34: EX-10.16    Employment Contract - Peter Seufer-Wasserthal       HTML     41K 
35: EX-10.18    Form of Indemnification Agreement                   HTML     55K 
11: EX-10.1A    Loan and Security Agreement                         HTML    314K 
12: EX-10.1B    First Amendment to Loan and Security Agreement      HTML     45K 
13: EX-10.2A    License Agreement                                   HTML    152K 
14: EX-10.2B    Amendment No. 1 to the Maxygen License              HTML     77K 
15: EX-10.2C    Amendment No. 2 to the Maxygen License              HTML     18K 
16: EX-10.2D    Amendment No. 3 to the Maxygen License              HTML     75K 
17: EX-10.2E    Side Letter - Dated February 18, 2005.              HTML     17K 
18: EX-10.2F    Side Letter - Dated September 11, 2007              HTML     20K 
19: EX-10.2G    Side Letter - Dated September 24, 2007              HTML     20K 
20: EX-10.8A    Lease Agreement                                     HTML    305K 
21: EX-10.8B    Amendment to Lease Agreement - June 1, 2004         HTML     23K 
22: EX-10.8C    Amendment to Lease Agreement - March 9, 2007        HTML     71K 
23: EX-10.8D    Amendment to Lease Agreement - March 31, 2008       HTML    149K 
24: EX-10.9     Master Security Agreement                           HTML    151K 
36: EX-21       List of Subsidiaries                                HTML     13K 
37: EX-23.1     Consent of Independent Public Accounting Firm       HTML     12K 


EX-10.8B   —   Amendment to Lease Agreement – June 1, 2004


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  Amendment to Lease Agreement - June 1, 2004  

Exhibit 10.8B

FIRST AMENDMENT TO LEASE

This First Amendment to Lease (“Amendment”) is entered into, and dated for reference purposes, as of June 1, 2004 (the “Execution Date”) by and between METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation, as Landlord (“Landlord”), and CODEXIS, INC., a Delaware corporation, as Tenant (“Tenant”), with reference to the following facts (“Recitals”):

A Landlord and Tenant entered into that certain written Lease, dated as of October 2003 (the “Existing Lease”), for certain premises in Seaport Centre, described therein located at 220 Penobscot Drive, 501 Chesapeake Drive and 200 Penobscot Drive, Redwood City, California (the “Existing Premises”), all as more particularly described in the Existing Lease.

B. Tenant has requested and Landlord has agreed to enter into this Amendment upon the terms set forth herein.

NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants set forth herein and of other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

Section 1. Scope of Amendment; Defined Terms. Except as expressly provided in this Amendment, the Existing Lease shall remain in full force and effect. Should any inconsistency arise between this Amendment and the Existing Lease as to the specific matters which are the subject of this Amendment, the terms and conditions of this Amendment shall control. The term “Existing Lease” defined above shall refer to the Existing Lease as it existed before giving effect to the modifications set forth in this Amendment and the term “Lease” as used herein and in the Existing Lease shall refer to the Existing Lease as modified by this Amendment, except as expressly provided in this Amendment. All capitalized terms used in this Amendment and not defined herein shall have the meanings set forth in the Existing Lease unless the context clearly requires otherwise.

Section 2. Amendment of Section 2.05. The eighth (8th) and ninth (9th) sentences in the paragraph within Section 2.05(b) of the Lease beginning with “In no event shall Landlord’s Contribution.” shall be amended and restated as follows:

“Tenant must prior to the expiration of nine months after the Commencement Date submit written request with the items required above for disbursement or reimbursement for any reimbursable costs out of the First Contribution with respect to Space A and Space B, and to the extent of any funds for which request has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work relating to Space A and Space B are less than the amount of the First Contribution, then Landlord shall retain the unapplied or unused balance of the First Contribution and shall have no obligation or liability to Tenant with respect to such excess. Tenant must prior to the expiration of nine months after the Third Delivery Date submit written request with the items required above for disbursement or reimbursement for any reimbursable costs out of the Second Contribution with respect to Space C, and to the extent of any funds for which request has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work relating to Space C are less than the amount of the Second Contribution, then Landlord shall retain the unapplied or unused balance of the Second Contribution and shall have no obligation or liability to Tenant with respect to such excess. If the costs of completing the Tenant Work relating to (i) Space A and Space B, and (ii) Space C, respectively, exceed the First Contribution or the Second Contribution, Tenant shall pay all such costs.”


Section 3. Time of Essence. Without limiting the generality of any other provision of the Existing Lease, time is of the essence to each and every term and condition of this Amendment.

Section 4. Effect of Headings. The titles or headings of the various parts or sections hereof are intended solely for convenience and are not intended and shall not be deemed to or in any way be used to modify, explain or place any construction upon any of the provisions of this Amendment.

Section 5. Entire Agreement; Amendment. This Amendment taken together with the Existing Lease, together with all exhibits, schedules, riders and addenda to each, constitutes the full and complete agreement and understanding between the parties hereto and shall supersede all prior communications, representations, understandings or agreements, if any, whether oral or written, concerning the subject matter contained in this Amendment and the Existing Lease, as so amended, and no provision of the Lease as so amended may be modified, amended, waived or discharged, in whole or in part, except by a written instrument executed by all of the parties hereto.

Section 6. Authority. Each party represents and warrants to the other that it has full authority and power to enter into and perform its obligations under this Amendment, that the person executing this Amendment is fully empowered to do so, and that no consent or authorization is necessary from any third party. Landlord may request that Tenant provide Landlord evidence of Tenant’s authority.

Section 7. Counterparts. This Amendment may be executed in duplicates or counterparts, or both, and such duplicates or counterparts together shall constitute but one original of the Amendment. Each duplicate and counterpart shall be equally admissible in evidence, and each original shall fully bind each party who has executed it

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first set forth above.

 

 

TENANT:

  CODEXIS, INC.
    a Delaware corporation
    By:  

/s/ Alan Shaw

    Print Name:   Alan Shaw
    Title:   President & CEO
    (Chairman of Board, President or Vice President)
    Date 1st June 2004
 

LANDLORD:

  METROPOLITAN LIFE INSURANCE COMPANY,
    a New York corporation
    By:  

/s/ John R. Redmon

    Print Name:   John R. Redmon
    Title:   Asst. VP
    Date 5/12/04

 

2


Dates Referenced Herein

This ‘S-1’ Filing    Date    Other Filings
Filed on:12/28/09None on these Dates
6/1/04
 List all Filings 


4 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/28/24  Codexis, Inc.                     10-K       12/31/23  121:13M
 2/27/23  Codexis, Inc.                     10-K       12/31/22  121:15M
 2/28/22  Codexis, Inc.                     10-K       12/31/21  111:16M
 3/01/21  Codexis, Inc.                     10-K       12/31/20  110:14M
Top
Filing Submission 0001193125-09-260412   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

Copyright © 2024 Fran Finnegan & Company LLC – All Rights Reserved.
AboutPrivacyRedactionsHelp — Thu., Apr. 25, 11:45:27.2am ET